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Pip tribunal refused however scored 8 points !!!

  • Asmi
  • Topic Author
8 years 8 months ago - 8 years 8 months ago #137723 by Asmi
:(
Hi I received my tribunal reply today for pip stating the appeal is refused .. However they clearly stated that I scored 8 points for daily living. And stating this is insufficient to meet the threshold for the test !!!
But confused as my understanding is min score is 8 for standard daily living .
Can some one advise pls will really appreciate it . Thanks
Last edit: 8 years 8 months ago by .

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8 years 8 months ago - 8 years 8 months ago #137732 by

Asmi wrote: :(
Hi I received my tribunal reply today for pip stating the appeal is refused .. However they clearly stated that I scored 8 points for daily living. And stating this is insufficient to meet the threshold for the test !!!
But confused as my understanding is min score is 8 for standard daily living .
Can some one advise pls will really appreciate it . Thanks


Hi A,

Welcome to Benefits and Work :)

You are correct, 8 Points for Daily Living is enough for a PIP Standard Daily Living Award, it is 12 points for an Enhanced DL Award.

Just as it is 8 points for a Standard PIP Mobility Award and 12 for an Enhanced Award.

PIP Claims Guide. (2nd Link on page)

If you have this in writing in the form of a Decision Notice from the Tribunal, you need to contact The Tribunal to ascertain whether there has been an error.

If they confirm that you have not been given any PIP award at all, you may be able to challenge the negative decision if you can show that they have "erred in law" whilst coming to the negative decision.

The first step in challenging would be to : Request a written Statement of Reasons within one month of the date of the Decision Notice letter.

You would then have to indicate that it is likely that there has been : An Error in Law

“Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Please keep us updated.

bro58
Last edit: 8 years 8 months ago by .

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  • Asmi
  • Topic Author
8 years 8 months ago - 8 years 8 months ago #137825 by Asmi
Hi , I called tribunal office and they asked to request statement of reason I think to how judge reached the decision and the judge will look at it again it seems. How do I write that pls ? Any help will be appreciated. Also called CAB and they said call DWP ?? Pls help ??
Last edit: 8 years 8 months ago by .

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  • Asmi
  • Topic Author
8 years 8 months ago - 8 years 8 months ago #137841 by Asmi
Hi bro,

Do I just request statement of reason to how they came to the decision ?? As I have never written a letter to this level before.
Just want to get words correctly.

Is there any post here who actually went to upper tribunal and was successful ??
Strange they gave 8 points and said I don't meet the threshold ??? Shall I call DWP and ask them to see what they plan to do or just write to tribunal ?? Pls help thanks
Last edit: 8 years 8 months ago by .

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8 years 8 months ago - 8 years 8 months ago #137847 by

Asmi wrote: Hi bro,

Do I just request statement of reason to how they came to the decision ?? As I have never written a letter to this level before.
Just want to get words correctly.

Is there any post here who actually went to upper tribunal and was successful ??
Strange they gave 8 points and said I don't meet the threshold ??? Shall I call DWP and ask them to see what they plan to do or just write to tribunal ?? Pls help thanks


Hi A,

I wouldn't bother contacting The DWP, they did not make the decision, they either have to implement the decision, or challenge it if they believe an "error of law" has taken place.

They have exactly the same rights and have to abide by exactly the same procedures as The Appellant. (You)

As it was The Tribunal who made the decision, it is they that you need the clarification from.

You basically need to know, whether they have given you the 8 points needed to give you a PIP Standard Daily Living Award or not.

If they have given you a PIP Standard Daily Living Award, and you are happy with that, there is no reason for you to request a Statement of Reasons.

Therefore, I would write my letter along the lines of, as the information given in your Decision Notice is somewhat confusing in that they state on one hand that you "have scored the 8 points for daily living", however, to the contrary, they have also stated that "this is insufficient to meet the threshold for the test".

If both these statements are made in writing in The Decision Notice, and one of them was not made verbally at the hearing, point out that both written statements are contradictory !!

You could then go on to say that if in fact you have not been given a PIP Award that you are formerly requesting a written Statement of Reasons for their decision and a Record of Proceedings.

You do not have to go into any other great detail at this stage.

Sending Documents to The Tribunal Service.

Yes, we have several members to have appealed to The UTT and have had the errant FTT decision sent back to The FTT which has resulted in a positive decision.

I wouldn't jump the gun, your first action is to ascertain whether or not you have received a PIP Award, and to request a Statement of Reasons if you haven't.

bro58
Last edit: 8 years 8 months ago by .

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  • Asmi
  • Topic Author
8 years 7 months ago #139015 by Asmi
Hi bro,
I received my response from FTT reg my query that decision was contradictory with score of 8 points but refused pip for daily living ?? The judge apologised and said it was error and removed taking nutrition points completely and added 1 point for managing medication and scored total of 7 points and still refused it . And at the bottom wrote that judge has been requested for statement of reason.
What I don't understand is that they gave total 8 points for daily living and now removed it saying it was an error so frustrating and annoying!!!!!
I don't know what happens next can u help please . Will appreciate ur help. All this has been so stressful and unsettling:-( and waiting..
Thanks

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